§2. Return of documents after release from Department of Homeland Security custody
This section establishes a new section 236B in the Immigration and Nationality Act requiring the Department of Homeland Security (DHS), upon releasing an individual from custody under the Act, to return each covered document taken from the individual. Covered documents include an original passport, permanent resident card, employment authorization document, birth certificate, driver’s license, social security card, and any other similar government-issued document. DHS may retain a covered document only if (1) it is fraudulent; (2) it is contraband or evidence in a pending criminal proceeding; or (3) the individual is no longer legally entitled to possess it under federal law, in which case DHS must provide a written explanation of the exception and a certified copy unless prohibited by law. Operational convenience or anticipated future immigration enforcement does not justify retention. This section also makes a clerical amendment to the Act’s table of contents.